Insurance & ERISA Litigation Blog
Federal District Court Grants Partial Summary Judgment Under the Voluntary Payment Doctrine to Our Client, Allowing Her to Keep Over $1 Million Mistakenly Paid to Her
On March 6, 2024, in an 11-page order, the Honorable Jesus G. Bernal granted partial summary judgment in favor of McKennon Law Group PC’s client, Diane Le, ruling that American…
Western Kentucky District Court Reviews Long-Term Disability Denial Under De Novo Standard of Review Despite Discretionary Policy Language Where the Denial Decision Was Made by a Third Party
The Western Kentucky District Court recently reviewed a long-term disability (“LTD”) claim denial de novo rather than using an abuse of discretion standard, despite the policy containing language authorizing the…
Oregon District Court Holds Long-Term Disability Insurer to Strict ERISA Appeal Deadline; Finds No Special Circumstances for Request to Extend Appeal and Finds Claim Deemed Denied
An Oregon Federal District Court recently issued a decision that helps illuminate the issues related to the requirement that a claimant exhaust administrative remedies prior to filing suit, specifically, when…
What Is Life Insurance Contestability Under California Law and Why Is It Important to You?
Life Insurance Contestability and Its Impact on Your Life Insurance Policy and Claim When you buy life insurance, you almost certainly expect that the policy will pay benefits when the…
South Coast Specialty Surgery Center, Inc. v. Blue Cross of California, DBA Anthem Blue Cross
Ninth Circuit Clarifies Standing of Medical Providers in ERISA Lawsuits The Ninth Circuit Court of Appeals in S. Coast Specialty Surgery Ctr. v. Blue Cross of Cal., __ F. 4th…
What Is a Breach of Fiduciary Duty Claim Under ERISA?
What Is ERISA? ERISA is an acronym for the Employee Retirement Income Security Act of 1974. It is federal legislation that originally became law in 1974. The main goal of…
California Appellate Court Rules that a Cause of Action Does Not Accrue Until All Elements of the Claim Have Been Satisfied, Including Damages
The California Court of Appeal recently decided Bennett v. Ohio National Life Assurance Corporation, __ Cal.Rptr.3d. __ 2023 WL 4069794 (2023) that will allow disability claimants with the ability to…
Why Are Long-Term Care Policies Important and What Do They Cover?
The Importance of Understanding Long-Term Care Insurance Most people are familiar with various types of insurance, such as auto, life, and homeowners or renters insurance. However, many are not familiar…
Court Denies Employers’ Motion to Dismiss – Finds That McKennon Law Group PC’s Client Is Potentially Entitled to Increased Pension Benefits Under ERISA
McKennon Law Group PC has successfully defended its client against a Motion to Dismiss (the “Motion”) filed by Northrop Grumman Corporation and its associated pension plan (collectively “NG”) in Sheets…
What Are The Differences Between ERISA and Individual Non-ERISA Insurance Plans?
Understanding Cost, Coverage, and Other Differences The Employee Retirement Income Security Act of 1974, or ERISA, provides several protections related to insurance and retirement plans sponsored by employers for their…